A group of California residents has filed a lawsuit against Starbucks, accusing the popular coffee house chain of discriminating against customers who are lactose intolerant.
The $5 million class action lawsuit alleges that Starbucks violated the Americans with Disabilities Act (ADA) by charging lactose-intolerant coffee drinkers extra for non-dairy milk options, according to a Los Angeles newspaper. The suit is said to represent three women, Maria Bolliger, Dawn Miller and Shunda Smith. times.
In expensive cities like San Francisco and New York City, milk substitutes like oatmeal, almond, coconut, and soy milk can add up to 90 cents to a customer’s bill.
The lawsuit alleges that Starbucks adds additional fees to these products even though the price of the milk is comparable to lactose-free options.
As a result, Bolliger, Miller and Smith will pay an additional charge of 50 cents to 80 cents for orders that replace 2% milk with a substitute.
At the time the lawsuit was filed, prices for dairy products such as whole milk, half-and-half, and heavy cream ranged from 3 to 32 cents per fluid ounce.
By comparison, soy, coconut, almond, and oat milks often sell for 4 to 7 cents per fluid ounce.
“According to information and belief, Starbucks has earned more than $1 billion in profits in the United States as a result of discriminatory and unlawful collection of fees during the school period,” the complaint states.
The ADA defines lactose intolerance as a disorder that can cause inflammation of the gastrointestinal tract, intestinal abnormalities, abdominal pain, and vomiting. Between 30 million and 50 million Americans are affected.
Keith Gibson, one of the attorneys representing the plaintiffs, said Starbucks has chosen to offer oat milk and almond milk but is not freely offering alternatives to customers.
“For these people, it’s not a choice because they can’t drink regular milk. Charging them extra is discrimination against them,” he told the Los Angeles Times.
Mr. Gibson previously represented plaintiffs in a similar lawsuit against Starbucks in Florida.
He declined to say whether a settlement had been reached, but said the new lawsuit, filed in U.S. District Court in Fresno, California, has national implications.
U.S. Department of Justice Spokesman Adam Seale told the outlet that the ADA requires companies to make reasonable modifications to typical company policies to accommodate customers with disabilities.
“We cannot comment on pending litigation,” a Starbucks spokesperson said in a statement to Fox News Digital. At Starbucks stores in the U.S., customers can add up to 4 ounces of non-dairy milk to their hot or iced brewed coffee or tea, cold brew and Americano beverages at no additional charge. Starbucks Rewards members can also earn 25 stars to substitute non-dairy milk for beverages not included in standard recipes. Additionally, customers can customize their drinks with non-dairy milks on the menu for an additional fee. This is similar to other beverage customizations, such as adding espresso shots or syrup (prices vary by market).
